Patna High CourtCR. MISC./26390/2017rejected

Santosh Manjhi v. The State Of Bihar

2017-07-12Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26390 of 2017 Arising Out of PS.Case No. -35 Year- 2016 Thana -MAGADH UNIVERSITY District- GAYA ====================================================== Santosh Manjhi, S/o Late Prayag Manjhi, R/o Vill.-Atiya, P.S.-Magadh University Bodh Gaya in the District of Gaya. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 376 of the Indian Penal Code and Section 4 of POCSO Act.

Again, I am not inclined to release the petitioner on bail on the grounds mentioned by me in my previous order dated 20.10.2016 passed in Cr. Misc. No. 44831 of 2016 and hence, his prayer for bail in connection with POCSO Case No. 23 of 2016 arising out of Magadh University P.S. Case No. 35 of 2016 pending in the court of Additional Sessions Judge-1st cum Special Judge, POCSO Act, Gaya stands rejected.

However, learned trial court is directed to expedite

Patna High Court Cr.Misc. No.26390 of 2017 (2) dt.12-07-2017 2/2 the trial of the petitioner and try to conclude the same as early as possible.

Let a copy of this order be sent to Senior Superintendent of Police, Gaya with direction to him to ensure the presence of prosecution witnesses of aforesaid case before the above stated court.

The learned trial court shall also send a list of prosecution witnesses of aforesaid case to Senior Superintendent of Police, Gaya mentioning their date of examination before the court. The aforesaid letter shall be written by the trial court within a week from the date of receipt/production of copy of this order and if the trial court does so, the Senior Superintendent of Police, Gaya shall comply the direction of trial court without any delay. Failure on the part of trial court as well as Senior Superintendent of Police, Gaya shall be viewed seriously.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T